The Forest (Conservation) Act, 1980

{
    "id": 561,
    "slug": "forest-conservation-act-1980",
    "title": "The Forest (Conservation) Act, 1980",
    "short_title": "The Forest (Conservation) Act, 1980",
    "act_number": "69",
    "act_year": 1980,
    "act_type": "",
    "location": "Chhattisgarh",
    "law_status": "unknown",
    "enactment_date": "1980-12-27",
    "description": "The Forest (Conservation) Act, 1980",
    "preamble": "",
    "section_label": "Section",
    "sections": [
        {
            "number": "1",
            "title": "Section 1.  Short title, extent and commencement.",
            "chapter": null,
            "content": "(1) This Act may be called the\n1\n[Van (Sanrakshan\r\nEvam Samvardhan) Adhiniyam], 1980.\n(2) It extends to the whole of India\n2\n***.\n(3) It shall be deemed to have come into force on the 25th day of October, 1980.",
            "footnote": "1. Subs. by s. 3,\nibid\n., for \"Forest (Conservation) Act\" (w.e.f. 1-12-2023).\n2. The words \"except the State of Jammu and Kashmir\" omitted by Act 34 of 2019, s. 95 and the Fifth Schedule\r\n(w.e.f. 31-10- 2019).",
            "is_definition": false,
            "sort_order": 0
        },
        {
            "number": "1A",
            "title": "Section 1A.  Act to cover certain land.",
            "chapter": null,
            "content": "1\n[1A. Act to cover certain land.--\n(1) The following land shall be covered under the\r\nprovisions of this Act, namely:--\n(a) the land that has been declared or notified as a forest in accordance with the\r\nprovisions of the Indian Forest Act, 1927 (16 of 1927) or under any other law for the time\r\nbeing in force;\n(b) the land that is not covered under clause (a), but has been recorded in Government\r\nrecord as forest, as on or after the 25th October, 1980:\nProvided that the provisions of this clause shall not apply to such land, which has been\r\nchanged from forest use to use for non-forest purpose on or before the 12th December, 1996 in\r\npursuance of an order, issued by any authority authorised by a State Government or an Union\r\nterritory Administration in that behalf.\nExplanation.--\nFor the purposes of this sub-section, the expression \"Government record\"\r\nmeans record held by Revenue Department or Forest Department of the State Government or\r\nUnion territory Administration, or any authority, local body, community or council recognised\r\nby the State Government or Union territory Administration.\n(2) The following categories of land shall not be covered under the provisions of this Act,\r\nnamely:--\n(a) such forest land situated alongside a rail line or a public road maintained by the\r\nGovernment, which provides access to a habitation, or to a rail, and roadside amenity up to a\r\nmaximum size of 0.10 hectare in each case;\n(b) such tree, tree plantation or reafforestation raised on lands that are not specified in\r\nclause (a) or clause (b) of sub-section (1); and\n(c) such forest land,--\n(i) as is situated within a distance of one hundred kilometres along international\r\nborders or Line of Control or Line of Actual Control, as the case may be, proposed to be\r\nused for construction of strategic linear project of national importance and concerning\r\nnational security; or\n(ii) up to ten hectares, proposed to be used for construction of security related\r\ninfrastructure; or\n(iii) as is proposed to be used for construction of defence related project or a camp for\r\nparamilitary forces or public utility projects, as may be specified by the Central\r\nGovernment, the extent of which does not exceed five hectares in a Left Wing Extremism\r\naffected area as may be notified by the Central Government.\n(3) The exemption provided under sub-section (2) shall be subject to such terms and\r\nconditions, including the conditions of planting trees to compensate felling of trees undertaken\r\non the lands, as the Central Government may, by guidelines, specify.]",
            "footnote": "1. Ins. by Act 15 of 2023, s. 4 (w.e.f. 1-12-2023).",
            "is_definition": false,
            "sort_order": 1
        },
        {
            "number": "2",
            "title": "Section 2.  Restriction on the dereservation of forests or use of forest land for non-forest purpose.",
            "chapter": null,
            "content": "1\n[(1)]\r\nNotwithstanding anything contained in any other law for the time being in force in a State, no State\r\nGovernment or other authority shall make, except with the prior approval of the Central Government, any\r\norder directing--\n(i) that any reserved forest (within the meaning of the expression \"reserved forest\" in any law for\r\nthe time being in force in that State) or any portion thereof, shall cease to be reserved;\n(ii) that any forest land or any portion thereof may be used for any non-forest purpose.\n2\n[(iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to\r\nany private person or to any authority, corporation, agency or any other organization\n3\n[subject to\r\nsuch terms and conditions, as the Central Government may, by order, specify];\n(iv) that any forest land or any portion thereof may be cleared of trees which have grown\r\nnaturally in that land or portion, for the purpose of using it for reafforestation.]\n4\n[\nExplanation.--\nFor the purposes of this section \"non-forest purpose\" means the breaking up or\r\nclearing of any forest land or portion thereof for--\n(a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or\r\nmedicinal plants;\n(b) any purpose other than reafforestation,\n5\n[but does not include any work relating to or ancillary to conservation, development and\r\nmanagement of forests and wildlife, such as--\n(i) silvicultural operations including regeneration operations;\n(ii) establishment of check-posts and infrastructure for the front line forest staff;\n(iii) establishment and maintenance of fire lines;\n(iv) wireless communications;\n(v) construction of fencing, boundary marks or pillars, bridges and culverts, check dams,\r\nwaterholes, trenches and pipelines;\n(vi) establishment of zoo and safaris referred to in the Wild Life (Protection) Act, 1972 (53 of\r\n1972), owned by the Government or any authority, in forest areas other than protected areas;\n(vii) eco-tourism facilities included in the Forest Working Plan or Wildlife Management Plan or\r\nTiger Conservation Plan or Working Scheme of that area; and\n(viii) any other like purposes, which the Central Government may, by order, specify.]]\n1\n(2) The Central Government may, by order, specify the terms and conditions subject to\r\nwhich any survey, such as, reconnaissance, prospecting, investigation or exploration including\r\nseismic survey, shall not be treated as non-forest purpose.]",
            "footnote": "1. Section renumbered as sub-section (1) by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023).\n2. Ins. by Act 69 of 1988, s. 2 (w.e.f. 15-3-1989).\n3. Subs. by Act 15 of 2023, s. 5, for \"not owned, managed or controlled by Government\" (w.e.f. 1-12-2023).\n4. Subs. by Act 69 of 1988, s. 2, for the Explanation (w.e.f. 15-3-1989).\n5. Subs. by Act 15 of 2023, s. 5, for the long line (w.e.f. 1-12-2023).\n6. Ins. by Act 15 of 2023, s. 5 (w.e.f. 1-12-2023)",
            "is_definition": false,
            "sort_order": 2
        },
        {
            "number": "2A",
            "title": "Section 2A. Appeal to National Green Tribunal.",
            "chapter": null,
            "content": "1\n[2A. Appeal to National Green Tribunal.—Any person aggrieved, by an order or decision of the\r\nState Government or other authority made under section 2, on or after the commencement of the National\r\nGreen Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under section 3\r\nof the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.]",
            "footnote": "1.Ins. by Act 19 of 2010, s. 36 and Schedule III (w.e.f. 18-10-2010).",
            "is_definition": false,
            "sort_order": 3
        },
        {
            "number": "3",
            "title": "Section 3.  Constitution of Advisory Committee.",
            "chapter": null,
            "content": "The Central Government may constitute a Committee\r\nconsisting of such number of persons as it may deem fit to advise that Government with regard to--\n(i) the grant of approval under section 2; and\n(ii) any other matter connected with the conservation of forests which may be referred to it by the\r\nCentral Government.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 4
        },
        {
            "number": "3A",
            "title": "Section 3A. Penalty for contravention of the provisions of the Act.",
            "chapter": null,
            "content": "1\n[3A. Penalty for contravention of the provisions of the Act.--\nWhoever contravenes or abets the\r\ncontravention or any of the provisions of section 2, shall be punishable with simple imprisonment for a\r\nperiod which may extend to fifteen days.]",
            "footnote": "1.Ins. by s. 3,\nibid\n. (w.e.f. 15-3-1989).",
            "is_definition": false,
            "sort_order": 5
        },
        {
            "number": "3B",
            "title": "Section 3B. Offences by authorities and Government departments.",
            "chapter": null,
            "content": "1\n[3B. Offences by authorities and Government departments.--\n(1) Where any offence under this Act\r\nhas been committed\n(a) by any department of Government, the head of the department; or\n(b) by any authority, every person who, at the time the offence was committed, was directly in\r\ncharge of, and was responsible to, the authority for the conduct of the business of the authority as well\r\nas the authority,\nshall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished\r\naccordingly:\nProvided that nothing contained in this sub-section shall render the head of the department or any\r\nperson referred to in clause (b), liable to any punishment if the proves that the offence was committed\r\nwithout his knowledge or that exercised all due diligence to prevent the commission of such offence.\n(2) Notwithstanding anything contained in sub-section (1), where an offence punishable under the Act\r\nhas been committed by a department of government or any authority referred to in clause (b) of\r\nsub-section (1) and it is proved that the offence has been committed with the consent or connivance of, or\r\nis attributable to any neglect on the part, of, any officer, other than the head of the department, or in the\r\ncase of an authority, any person other than the persons referred to in clause (b) of sub-section (1), such\r\nofficer or persons shall also be deemed to be guilty of that offence and shall be liable to be proceeded\r\nagainst and punished accordingly.]",
            "footnote": "1. Ins. by s. 3,\nibid\n. (w.e.f. 15-3-1989).",
            "is_definition": false,
            "sort_order": 6
        },
        {
            "number": "3C",
            "title": "Section 3C. Power of Central Government to issue directions.",
            "chapter": null,
            "content": "1\n[3C. Power of Central Government to issue directions.--\nThe Central Government may,\r\nfrom time to time, issue such directions, to any authority under the Central Government, State\r\nGovernment or Union territory Administration, or to any organisation, entity or body recognised\r\nby the Central Government, State Government or Union territory Administration, as may be\r\nnecessary for the implementation of this Act.]",
            "footnote": "1. Ins. by Act 15 of 2023, s. 6 (w.e.f. 1-12-2023).",
            "is_definition": false,
            "sort_order": 7
        },
        {
            "number": "4",
            "title": "Section 4.  Power to make rules.",
            "chapter": null,
            "content": "(1) The Central Government may, by notification in the Official Gazette,\r\nmake rules for carrying out the provisions of this Act.\n(2) Every rule made under this Act shall be laid, as soon as may be after it is made, before each House\r\nof Parliament, while it is in session, for a total period of thirty days which may be comprised in one\r\nsession or in two or more successive sessions, and if, before the expiry of the session immediately\r\nfollowing the session or the successive sessions aforesaid, both Houses agree in making any modification\r\nin the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only\r\nin such modified form or be of no effect, as the case may be; so, however, that any such modification or\r\nannulment shall be without prejudice to the validity of anything previously done under that rule.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 8
        },
        {
            "number": "5",
            "title": "Section 5.  Repeal and saving.",
            "chapter": null,
            "content": "(1) The Forest (Conservation) Ordinance, 1980 (17 of 1980) is hereby\r\nrepealed.\r\n(2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said\r\nOrdinance shall be deemed to have been done or taken under the corresponding provisions of this Act.",
            "footnote": "",
            "is_definition": false,
            "sort_order": 9
        }
    ],
    "metadata": {
        "Act Number": "69",
        "Enactment Date": "1980-12-27",
        "Act Year": "1980",
        "Short Title": "The Forest (Conservation) Act, 1980",
        "Long Title": "An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto.",
        "Department": "Department of DEPARTMENT OF FOREST AND CLIMATE CHANGE",
        "Enforcement Date": "25-10-1980",
        "Type": "CENTRAL ACT (Ministry of Environment, Forest and Climate Change, )",
        "Location": "Chhattisgarh",
        "Ref Act ID": "198069"
    },
    "updated_at": "2026-09-29 21:52:39"
}